un 


it5o/ 


Miiiiia    v<yn. 

Conf  Pam  #501 


„.^»^^"* 


State 

Convention.] 

[June, 

18i)l. 

0/-(i 

''  nJ  to  be  Printed. 

Syme  &  Hall, 

Printers  to  the  Convention. 

MILITIA  LAAV 


3Ir.  Venablo,  from  tlie  Committee  of  Military  Aflairs,,  re- 
ported tliG  following  Ordinance  : 

AN  ORDINANCE  TO  AMEN  J)  THE  SEVENTIETH 
CHAPTER  OF  THE  REVISED  CODE,  "MILITIA." 

Si:c.  1st.  lie  it  oixlaiiird  bij  the  Conccntion  of  ike  State  of 

2  North  Carolina,   and  it  is  he rcbij  ordained  hij  the  authvri- 

^'  ^11  ^f  i^^^^  «<///(',  That  all  free  white  mack  and^apprenti- 

4  ces,   who  are  of  the  age  of  eighteen  years^  and  under  the 

5  ageof  iifty  year.s,and  who  reside  in  the  State  of  North  Car- 
(■>  olina,  exce})<  ministers  of  the  gospel,  shall  be  enrolled  in 
7  the  militia  of  this  State,  by  the  Captain  or  commanding 

5  officer  of  the  infantry  comi)any  within  whose  districts  such 
t)  ])orsons   shall    reside  :    and   the  said  officer  shall  notify 

lU  such   free  white   males   and   apprentices  of  their  enrol- 

1 1  ments  by  a  non-commissioned  officer  of  his  company,  and 

12  by  whom  said  notice  shall  be  proved. 

Sec.  2.  Be  it  fnrthcr  ordained.  That  whenever  a  vacancy 
2  shall  occur  in  the  office  of  Major  General,  the  field  offi- 
I)  cersandstaifof  the  Division  shall,  by  a  plurality  of  the  writ- 
4  ten  votes,  elect  some  person  to  fill  the  same  ;  and  whenever 

6  a  vacancy  shall  occur  in  the  office  of  Brigadier  General, 


2  State  Conventio1s\  [June, 

()  the  same  sliall  be  iiUecT  by  the  field  and  staff  officers  of 

7  the  Brigade,  under  the  .same  rules  and  regulations  here- 

8  in  prescribed  for  the  election  of  a  Major  General  ;  and 
'.)  the  Governor  shall  commission  said  officers,  when  elect- 

10  ed,  according  to  tliis  act. 

Sec.  3.  Be  it  further  ordained,  That  whenever  there  shall 

2  be  a  vacancy  in  any  company  of  the  commissioned  offi- 

3  cers  to  command  the  said  company,  and  upon  an  election 

4  having  been  ordered  in    said  company,  there  shall  be  a 

5  failure  to  elect  a  Captain  and  other  commissioned  officers 
()  for  the  company,  from  either  the  failure  of  any  candidate 
*7  for  said  office  or  from  the  neglect  or  refusal  of  the  com- 

8  pany  to  elect,  and  where  there  are  no  suitable  persons  in 

9  said  company  who  are  willing  to  accept  commissions  in 

10  the  company,    after   being   elected   or  appointed  to  the 

11  same,  it  shall  be  the  duty  of  the  Colonel  or  other  com- 

12  manding  officer  in    the  Eegiment   to  which   said  com- 

13  pany  is  attached,   or  if  there  is  no  commander  of  said 

14  regiment,    then  it    sliall  be  the  duty  of  tlie  Brigadier 

15  General  in  whose  brigade  said    regiment  belongs,  with- 

16  in  thirty  days  after  said  election  shall  have  been  ordered 
IT  by  him,  and  the  neglect  or   refusal  of  said  company  to 

18  elect  company  officers,  either  from  the  want  of  a  candi- 

19  date  or  for  any  other  cause,  and  he  is  hereby  authorized 

20  and  required  to  appoint  some  fit  and  suitable  person  to 

21  supply  said  vacancies  in  said  company,    for  the  space  of 

22  two  years  from  the  date  of  said  appointment,  whose  duty 

23  it  shall  be  to  accept  said  appointment,  and  to  act  as  Cap- 

24  tain  or  other  commissioned  officer  in  said  Company  for  two 

25  years  from  the  date  thereof,  who  shall  be  commissioned  and 
20  have  all  the  powersand  authorities,  and  be  liableto  all  the 

27  penalties   as    Captains   and    other  commissioned  compa- 

28  ny  officers  now  have  and   are    liable  for  bylaw;    and  if 

29  any  person  so  appointed  shall  neglect  or  refuse  to  accept 

30  said  appointment,  or  shall  fail  to  receive  said  commission 

31  when  tendered  to  hini;,  and  qualify  as  said  officer  within 


1361.]  State  Convention. 

;',2  tlic  space  of  thirty  days  from  the  time  of  his  appoiiilmeiit 

33  and  commission   tendered,    he  shall  forfeit  and  pay  the 

34  sum  of  fifty  dollars,  if  appointed  to  the  olTice  of  Captain. 

35  and  twenty-five  dollars  if  appointed  to  any  other  place  as 

36  commissioned  officer  in  the  company,  for  such  neglect  or 

37  refusal,  whicli  penalty  shall  be  recovered  hy  warrant  Le- 

38  fore  any  justice  of  the  peace,  in  the  name  of  the  .State,  hy 

39  the  ofiicer  nniking  the  appointment,  one-tiftli  to  the  use 

40  of  the  officer  suing,  and  tlie  otiier  four-tifths  to  the  use 

41  of  the  State  ;    and  it  shall  he  the  duty  of  the  said  com- 

42  manding  oMicer  of  the  regiment,  or  in  ease  there  is  none, 

43  then  it   shalUhe  1  ho  duty  of  the    Brigadier  (ieneral  in 

44  whose  regiment   said   company  belongs,    within   thirty 

45  days  thereafter  to  make  new  appointments  c.f  other  per- 

46  sons  in  said  company,  liable  to  do  military  duty,  to  said 

47  offices;  and  so  on,  under  like  penalties,  until  suitable  of- 

48  fleers  can  be  found  who  shall  accept  said  offices  ;    Provi- 

49  dcd,  that  no  ])erson  who  is  a  member  of  any  organized 

50  volunteer  or  Are  company  in  this  State  shall  be  compell- 

51  ed  to  serve  whilst  he  is  a  member  of  said  company  ;  Fro- 

52  vidcd,  further,  that  any  person  appointed  as  above  shall 

53  not  be  comi)elled  to  e<iuip  himself  with  any  of  the  equip- 

54  ments  reiiuired  by  law  for  his  said  office,  except  a  sword 

55  and  belt,  cap  and  plumage,  epaulets  and  hlue  frock-coat 

56  and  pants  of  homespun  or  any  other  texture,  with  white 

57  metal  buttons  ;    And,  Frovided  further,  that  he  shall  be 

58  released  from  the  payment  of  poll  tax,  from  working  on 

59  the  road,    and  for  serving  on  juries,    during  his  contin- 

60  nance  in  said  office. 

Sec.  4.  Be    it  further  ordained,  That  any  field   officer, 

2  other  than  Major  or  Brigadier  General,  who  shall  fail  or 

3  refuse  to  accept  such  office  to  which  he  may  be  elected  or 

4  appointed,  shall  forfeit   and  pay  tlie  sum  of  one  hundred 

5  dollars. 

Sec.  5.  Be  it  further  enacted,  That  hereafter,  whenever 
2  any  vacany  sh;ill  occur  in  any  regiment,  of  Colonel,  Lieu- 


4  State  Convention.  [June, 

3  tenant  Colouol  or  Major,  the  same  shall  be  filled  as  hcrein- 

4  before  directed  to  the  Major  General  and  Brigadier  General : 

5  Provided,  however,  That  the  company  officers  in  commission 

6  in  said  regiment,  shall  bo  authorized  to  make  the  election: 

7  Provided,  Tliat  in  all  cases  wlien  said  elections  are  to  be 

8  made  for  field   officers  in   division,  Brigades   or  Regiments, 

9  the  day  shall   be  designated  by  the   Adjutant  General,  and 

10  the  votes  counted  by  the  two  senior  officers  of  the  Division, 

11  Brigade  or  Regiment,  and  the  Governor  informed  of  the  re- 

12  suit,  he  shall   issue    Commissions  to  such  officers  elected   as 

13  aforesaid. 

Sec.  6.  Be  it  furtfter  ordained,  That  eacli  regiment  shall 

2  consist  of  two  battallions  ;  the  first  commanded  by  the  Lieu- 

3  tenant  Colonel,  and  the  second  by  the  Major  ;  and  that  the 

4  commandant  of  each  regiment  shall  assemble  his  regiment 

5  twice  in   each  year  for  drill  and  review ;  and  for  failure  of 

6  this  duty,  shall  forfeit  and  pay  one  hundred  dollars;  aud  that 

7  each  battallion  shall,   by  order   of  the  Lieutenant  Colonel 

8  and  Major,  assemble  at  separate  places  in  tlie  bounds  of  the 

9  Regiment,  once  in  each  year  for  drill  and  review  as  afore- 

10  said ;  and   for  failure   of  this  duty,   they  shall    each  forfeit 

11  and  pay  the  sum   of  fifty  dollars,   tlie   fine   to  be   incurred 

12  and  paid  by  the  officer  failing  to  assemble  his  battallion  ;  and 

13  it  sha.ll  be  the  duty  of  the  commandant  of  the  regiment  to 

14  attend  the  drill  and  review  of  said  battallion. 

Sec.  7.  Beitfurtlier  ordained,  That  each  captain  or  com- 

2  mandaut  of  a  company,  shall  assemble  his  company  for  drill, 

3  twice  in   each  month,  from  the  first  of  April  to  the  first  of 

4  December,  during  the  war,  and  once  a  montli  in  said  months, 
•J  in  time  of  peace. 

Sec.  8.  Be  it  furtJier  ordained,  That  each   brigade  shall 

2  be  composed  of  not  loss  than,  four  regiments,  and  each  divi- 

3  sion  of  not  less  than  four  brigades ;  and  it  shall  be  the  duty 

4  of  the  Brigadier  General  to  review  at  least  once  a  year  the 

5  regiments   composing  his  brigade ;  and  for  failure  of  this 
G  duty  he  shall  forfeit  n-nd  pny  the  sum  of  two  hundred  dollars ; 


1861.]  State  Cq:svention.  5 

7  and  it  shall  be  the  duty  of  the  Major  General  to  review  his 

8  division  at  least  once   a  year,  and  for  a  failure  of  this  duty 

9  he  shall  forfeit  and  pay  four  hundred  dollars. 

8ec.  9.  Be  it  farther  ordahwil,  Tliat  commissioned  offi- 

2  cers  of  the  militia,  including  the  officers  of  the  volunteers, 

3  shall  equip  themselves  with  the  uniform  and  equipments 

4  directed  by  the  rules  and  regulations  of  the  militia  of  the 

5  State  of  North  Carolina  :  none  of  the  duties  of  review  or 

6  drilling  shall  be  taken  as  having  been  i)erformed,  unless 

7  performed  with  such  uniiorm  or  equipments. 

Sec.  10.  Be  it  further  vrJained.  That  in  each  brigade, 
2  the  General  cunimanding  the  same  shall  appoint  a  13rig- 
?,  ado  Inspector,  who  shall  hold  the  rank  of  major,  whose 

4  duty  it  shall  be  to  drill  all  the  commissioned  and  staff 

5  officers  of  the  brigade  at  least  three  days  before  each  reg- 
{]  imental  muster,  and  th(^  said  officers  being  required  to  drill 

7  in  uniform  ;  and  the  said  brigade  inspector  shall,  in  like 

8  nnmnor,  drill  the  commissioned  officers  and  staff  of  each 
[)  battalion,  at  least  two  days  before  each  battalion  muster  ; 

10  and  for  each  dav"s  service  in  sucli  drill  he  shall  receive 
n  four  dollars  a  day,  to  be  i)ai.l  at  the  treasury,  upon  a 
12  certificate  of  services  rendered  by  the  commandant  of 
i;5  the  brigade. 

Sec.  11.  Be  it  fart  her  ordained,  That  every  command- 
2  ant  of  a  regiment  shall ,  on  or  hefore  the  25th  day  of  October 
:}  in  each  year,  make  a  return  of  the  strength  of  his  regi- 
4  ment  to  "the  Brigadier  General  of  the  brigade  to  which 
o  such  regiment  belongs,  and  shall  make  a  duplicate  return 
(i  to  the  Adjutant  General,  on  or  before  the  2oth  day  of 

7  November,  in  each  year,  and  he  shall  note  in  said  return 

8  whether  his  regiment  has  been  reviewed  by  the  major 
q  and  brioadier  general,  and  at  what  time  ;  and  in  default 

10  of  such  n^turn,^  he  shall  forfeit  and  pay  one  hundred  dol- 

Sec    12    Be  'd  further  ordaimd.  That  the  tax  list  shall 
2  have'  column  headd   Military  Koll,  to  be  prepared  by 


6  State  Coisivemtion.  [June, 

3  the  Comptroller,  and  that  the  tax  list  takers  shall  ariim- 

4  ally  iiichule  in  their  lists  the  names  of  the  persons  in 

5  their  districts  hetween  the  ages  of  eighteen  and  iifty  years, 

6  liable  to  he  enrolled  for  military  dnty  :  and  it  shall  be 

7  the  duty  of  every  white  person  who  shall  give  in  his  tax- 

8  ables,  to  report  himself  on  oath  for  enlistment,  who  is 

9  liable  for   military  duty  :  and   every  white  person  who 

10  shall  return  his  taxes,  shall  also,  on  oath,  report  every 

11  j^erson  residing  in  his  family,   who  shall  be   liable  for 

12  military  duty. 

Sec.  13.   Be  it  further  ordained,  That  the  tax  list  takers 

2  shall  retmni  the   lists  to  the  ^lerks   of  the  C  anty  Com-ts, 

3  and  by  them  the  names  of  such  persons  liable  to  military 

4  duty,  shall  be  drawn  off,  the  district  in  which  they  live  spec- 

5  ified,  and  a  copy  of  such  lists  shall  be  given  to  the  colonel 

6  of  the  regiment,    and  also,   to  the  captain  of  the  company 

7  in  each  district;  and  the  clerks  shall  receive  the  sum  of  five 

8  dollars  for  their  services,  to  be  paid  by  the  County  Treasurer. 

Sec.  14.^t'  it  further  ordained,  That  whenever  any  com- 

2  pany  shall  be  so  disorganized,  that  there  is  no  commissioned 

3  company  officers  to  eonim;ir,d  the  same,  and  no  regular  roll- 

4  of  said  company,  the  sheriff  of  the  county,  after  public  notice 

5  shall  have^been  given  in  a  newspaper  circulating  in  said  com- 

6  pany, or  notice  given  at  the  Court  House  door  and  three  other 

7  places  in  said  company,  then  it  shall  be  the  duty  of  the  com- 

8  mandant  of  the  regiment,  or  if  there  be  none  such,  then  it 

9  shall  be  the  duty  of  the  Brigadier  General  of  that  Brigade, 

10  and  if  that,    too,  is    vacant,    it    then    shall  be    the    duty 

11  of  the  sheriff  of  the  county,  between  the  first  day  of  April 

12  and  the  first  day  of  July  in  each   and  every  year,  upon  the 

13  order  of  the  Adjutant  General,  (if  to  the  sheriff)  to  employ 

14  some  fit  and  suitable  person,  living  in  said  company  or  regi- 

15  ment,  to  enrol  all  the  white  males  within  the  bounds  of  said 

16  company,  between    the    ages   of   eighteen  years  and  fifty 

17  years,  liable  to  do  military  duty,  and  order  the  persons  so 

18  enrolled  to  appear  witliin  ten  days  at  the  place  where  said 


1861.]  State  Conventiox.  T 

19  company  had  last  usually  held  their  couipauy  musters,  for 

20  the  purpose  of  holding  an  election  for  officers  for  said  com- 

21  pany ;  and  the  person  so  employed  and  detailed,  shall  have 

22  power  and  authority,  and  it  shall  be  his  duty  to  appoint  all 

23  proper  officers  and  a    clerk  for  that  day,  to  assist  him,  who 

24  shall  each  forfeit  and  pay  the  sum  of  two  dollars,  to  be  re- 

25  covered  before    any  justice    of  the   peace,  by  the    person 

26  detailed,  one  half  to  the  use  of  said  pcison,  and  the  other 

27  half  to  the  use  of  the  State,  for  every  neglect  or  refusal; 

28  and  it  shall  be  the  duty  of  the  person  employed,  to  call   the 

29  roll  and  note  all  delinquents  ;  and  he  shall  hold  an  election 

30  and  report,  and  return  the  resuU  of  the  same  to  the  commanding 

31  officer  of  the  regiment,  or  the  Brigadier  General,  or   the 

32  sheriff,  as  the  case  may  be,  who  shall  proceed  as  hereinbe- 

33  fore  in  this  act  ordered,  in  section  Ath  of  this  chapter.     In 

34  case  of  no  election,  the  officer  or  person  to  Avhom  the  return 

35  is  made,  shall  return  the  same  to  his  superior  officer,  or  in 
3(3  case  of    the  sherifl',  to    the  Adjucant  General;    and  incase 

37  any  of  the  i)arties  enrolled  and  notified  to  attend  shall  neg- 

38  lect  or  refuse  to  attend  on  the  day  appointed  for  said  elec- 

39  tion,  he  shall  forfeit  and  pay  the  sum  of  two  dollars,  to  be 

40  recovered  by  the  person  detailed,  by  warrant,  in  the  name  of 

41  the  State,  before  any  justice  of  the  peace  of  said  county, 

42  one  half  to  the  use  of  the  person  detailed  or   employed  to 

43  make  cuch  enrolment  and  election,  and  the  other  half  to  the 

44  use  of  the  company,  for  military  purposes. 

Sec.  15.  Be  if  further  ordaineci,  That  there  shall  be  form- 

2  ed  a  volunteer  corps  in  the  state,  who  shall  be  subject  to 

3  the  call  of  the  connnander-in-chief,  in  cases  of  emergency ; 

4  the  volunLccr  companies  forming  said  corps,  shall  at  the  time 

5  of  the   organization,  designate  the  length  of  time  for  which 

6  the  same  are  oflfered  to  the  Governor,  to  commence  the  date 

7  of  said  service  from  the  day  they  are  called  by  the  comman- 

8  der-in-chicf  and  marched  to  the  place  of  rendezvous :  Pro. 

9  vided,  That  the  time  of  service  shall  in  no  case  be  for  less 
10  than  twelve  months. 


8  State  Gonvj-jntiox.  [June, 

Sec.  16.  Be  it  further  ordained.  That  the  said  corps  of 
2  volunteers  shall  be  composed  of  companies,  each  of  ■which 
o  shall  have  not  less  than  sixty-four  privates,  nor  more  than 

4  one  hundred  ;  and  that,  "when  called  into  actual  service,  ten 

5  companies  shall  compose  one  regiment. 

Sec.  17.  Be  it  further  ordained,  That  the  said  volunteer 

2  companies  shall  constitute  a  portion  of  the  regular  militia  of 

3  the  State,  and  be  incorporated  into  the  regiments  of  the 

4  same  until  called  into  the  service  of  the  State,  and  Avhen  or- 

5  ganizcd  into  regiments,  shall  elect,  by  a  vote  of  the  commis- 
(}  sioned  officers  of  the  regiment  and  of  the  field  officers  the 

7  same,  and  the  Covcrnor  shall  issue  commissions  to  the  officers 

8  elected  as  aforesaid. 

Sel.  18.  Be  it  further  ordained^  That  the  said  corps  shall 

2  be  officered  by  two   Major   Generals,  to  be  elected  by  the 

3  commanding  officers,  under  the  same  rules  and  regulations 

4  as  shall  be  provided  for  the  election  of  Colonels,  Lieutenant 

5  Colonels  and  Majors. 

Sec.   10.   Be  it  further  ordained,  That  ^acli  division  shall 

2  be  commanded  by  one  Major  General,  Avho  shall  be  authoriz- 

3  cd  to  appoint  two  aids-de-camp,  with  the  rank  of  Major:  one 

4  Division  Inspector  and  one  Division  Quartermaster,  with  the 

5  rank  of  Lieutenant  Colonel,  to  be  appointed  by  the  Major 

6  General,  and  commissioned  by  the  Governor.     That  each 

7  brigade  shall  be  officered  by  one  Brigadier  General,  to  be 

8  elected  in  the  same  manner,  and  at  the  same  time  and  places 

9  as  prescribed  for  the  election  of  Major  General,  in  the  pre- 

10  ceding  sections ;  and  the  said  brigadier  generals  shall  each 

11  have  the  power  to  appoint  the  folloAving  staff  officers:  one 

12  brigade  major,    one  brigade  inspector,  one  brigade  commis- 

13  sary,  one  brigade  quartermaster,  one  brigade  surgeon;  each 

14  with  the  rank  of  surgeon,  and  two  aids-de-camp  with  the 

15  rank  of  Captain ;  the  said  stafi*  officers,  with  the  exception 

16  of  the  surgeons,   to  be  selected  from  the  volunteer  corps, 

17  and  to  hold  no  higher  command  than  they  held  in  the  corps 

18  from  Avhich  they  are  taken ;  and  such  officers  to  be  commis- 

19  sioned  by  the  Governor. 


1861.]  State  Convention.  9 

Sec.  20.  Be,  it  further  ordained^  That  each  regiment  shall 

2  be  officered  by  one  Colonel,  one  Lieutenant    Colonel,  and 

3  one  Major,  to  be  selected  from  the  regiment,  and  such  offi- 

4  cers  shall  be  chosen  as  hereinbefore  provided,  and  the   colo- 

5  nel  of  each  regiment  shall  have  the  poAver  to  appoint  the 
t)  following    officers :  one    adjutant,    one    quartermaster,    one 

7  commissary,  and  one  surgeon  ;  the  officers,  except  the  sur- 

8  geon,  shall  be   taken  from  the  eommisioned  officers  of  the 

9  regiment  below  the  rank  of  captain ;  and  the  colonels  of 
HO  regiments  shall  have  power  to  appoint  musicians  not  exceed- 
11  ing  ten  in  number. 

Sec.  21.  Be  it  further  ordained,  That  each  company  shall 

2  be  officered ;  one  captain,  one  first  and  one  second  lieuten- 

3  ant,  one  third  lieutenant,  four  sergeants,  and  four  corporals. 

1  The  commissioned  officers  of  each  eompany  shall  be  elected 

5  by  the  wntten  vote  of  the  men  of  each   company,  and  the 

6  non-commissioned  officers  to  be  appointed  by  the  captains ; 

7  such  commissioned  officers  to  be  commissioned  by  the  Gov- 

8  ernor. 

Sec.  22.  Be  it  further  ordained,  That  as  soon  as  one  or 

2  more  companies  shall  have  been  organized  as  hereinbefore 

3  prescribed,  it  shall  be  the  duty  of  the  captain  of  said  compa- 

4  nies  to  tender  the  services  of  said  companies  to  the  Gover- 
•")  nor,  designating  the  time  for  which  such  service  is  offered, 

6  all  the  members  of  the  company  signing  the  same,  and  the 

7  Governor  is  hereby  authorized  to  receive,  arm  and  equip  the 

8  same  at  the  expense  of  the   State,  to  the  extent  of  the  ap- 

9  propriation  made  for  that  purpose. 

Sec.  23  Be  if  further  ordained.  That  the  (.xovernor  shall, 

2  from  time  to  time,   furnished  to  the  militia  of  the  State, 

3  arms  and  equipments  according  to  the  service  for  which 

4  they  are  designed,  whether  cavalry,    infantry  or  artil- 

5  Icry,  as  he  shall  by  appropriation  made  for  that  purpose 

6  be  enabled  to  do,  until  all  the  militia,  including  volun- 

7  teers,  shall  be  armed. 


10  State  Conventiok.  [June, 

Sec.  24.  Hi^  it  fnrtlier  urda'nted..  That  tor  the  govern- 
2  merit  iind  tlrilliug  ol'  tlie  volimteeis  under  this  organiza- 
o  tion,  each  company  am.l   regimeut  shall  l>e  governed  by 

4  the  rules  and  iegulations  that  are  now  prescribed  for  the 

5  government  oi'  tlie  army  of  the  Confederate  States  ;  and 
•  )  the  cor|)s  shall  be  drilled  according  to  Hardee's  Tactics, 

7  and  such  otlier  tactics  as  shall  be  prescribed  by  the  Com- 

8  mander-in-chiel',  and  a  copy  of  such  tactics  shall  be  fur- 

9  nished  to  each  commissioned  otiicer  in  said  corps. 

?Sec.  25.  Be  it.  fur  ill  PT  orddinexl,  That  the  time  that 
2  such  volunteer  corps  sliall  be  liable  to  the  call  of  the 
;>  Commander-in-chief  shall  bo  ten  years  ;    and  they  shall 

4  be  exempt,  after  the  expiration  of  ten  years,  from  active 

5  military  duty,   unless  in  case  of    invasion  or  insurrec- 
<»  tion  ;    and  such    corps,   when   called   into  active  service, 

7  shall  serve  during  the  time  for  whicili    they   have  volun- 

8  teered,  unless  sooner  disbanded  by  law. 

Sec.    26.   Be  it /urtlwr  ordained,  That  the  same  pay  and 

2  rations  now  allowed  by  the  army  regulations  to  the  com- 

3  missioned  and  non-commissioned  officers,  privates  and 

4  musicians  of  the  army  of  the  Confederate  States,  shall  be 

5  allowed  to  the  volunteer  corps  and  militia,  or  any  part 

6  of  them,  when  ordered  by  the  Grovernor  into  active  service. 

Sec.  27.  Be  it  further  ordained,  That  the  Governor  shall 
2  have  the  power,  once  in  each  year,  to  call  together  the 
o  officers  of  brigades  and  divisions  for  the  purpose  of  drill, 
4  and  shall  continue  said  drill  not  exceeding  six  days  in 
6  each  year. 

Sec.   28.   Be  it  further  ordained,  That  the  uniform  for 

2  the  volunteer  corps  and  for  the  officers  of  the  volunteer 

3  corps  and  militia,  shall  be  cadet  gray,  manufactured  m 

4  North  Carolina  ;  Provided,  That  the  military  officers  now 

5  uniformed,  shall  not  be  compelled  to  change  the  same 

6  until  called  into  actual  service  ;  and    the  difterent  corps 

7  and  ranks  shall  be  distinguished  as  the  same  corps  and 

8  ranks  are  now  distinguished  in  the  service  of  the  Confed- 


186L]  State  Convention-.  11 

9  erate  States  ;  an<l,  Provided,  That  the  uniform  of  the  field 

10  staff  and  platoon  of  ofiicers  shall  be  the  same  adopted 

11  by  the  rules  and  reo;ulntions  relatinp;  thereto  in  the  C'on- 

12  federate  States. 

Si:c.  29.  Be  if  fiirfher  ordained.  That  the  military  vol- 
2  unteer  companies  now  in  the  State,  as  soon  as  they  rej)ort 
?>  themselves  with   the  full  complement  of  men,  shall  be 

4  received  by  the  Governor,  and  they  may  retain  the  uni- 

5  form  which  the  cora))any  have  adopted,  until  called  into 
Pi  actual  service. 

Sec.  30.  Be  if  furfher  ordained,  That  the  Governor 
2  shall  have  the  power  to  hold,  or  cause  to  be  held,  a  court- 
ly martial  each  year,  in  tlie  city  of  Raleigh,  to  try  delin- 
4  <[uent  o-eneral  officers  of  militia,  and  field  oflicers  of  the 
o  volunteer  cori)s.  such  court  to  consist  of  not  more  than 

6  five  nor  less  tlian  three  otYicers,  and  tlu^  ox])enses  of  said 

7  court  shall  he  paid  by  the  State. 

Sec.  '51.  Be  it  further  ordained,  That  the  Governor  shall 

2  have  the  power  to  collect  and  repair  the  arms  of  the  State, 

3  and  shall    l)e  authorized   to  draw  on  the  Treasurer  of   tb.e 

4  State  for  the  expenses  of  the  said  collection  and  repairing, 
0  and  such  arms  as  cannot  he  repaired  to  advantage,  he  shall 
t3  have  power  to  sell. 

Sec.  32.  Be  it  further  ordained,  That  the    clerks    of  the 

2  county  courts  in  the  State,  shall  return  to  the  comptroller 

3  the  sums  of  money  paid   for  exemption  from  military  duty 

4  under  tliis  act. 

Sec.  33.  Be  it  further  ordained.  That  the  Adjutant  Gcn- 

2  eral  be  elected  by  joint  ballot  of  both  liouses  of  the  General 

3  Assembly,  and  sha.ll  keep  a  roster  of  the  militia  of  the  State, 

4  containing  dates  of  commissions,  rank,  the  corps,  division^, 
f)  brigades  and  regiments,  and  the  places  of  residence  of  offi- 
G  cers,  which  roster  shall  be  corrected  every  year.  He  shall 
T  enter  into  a  book  kept  for  that  purpose,    a  local  description 

8  of  the  regimental  brigade  and  division  districts  ;    the  books 

9  to  be  furnished  by  the   State  and  belong  to  the  office.     He 


12  State  CoNVENTIo^^  [June, 

10  shall  adopt  a  seal  of  office,  and  all  copies  of  records  and  papers 

11  in  his  office  duly  certified  under  such  seal,  shall  be  evidence  in  all 

12  causes  as  if  the  original  were  produced.     He  shall  cause  the 

13  military  laws  of  the  State   to  be  printed  from  time  to  time, 

14  and  distributed  to  the  commissioned  field  officers  of  the  State  ; 

15  he  shall  prepare  and  distribute  at  the  expense  of  the  State, 

16  proper  blank  books,   forms   and   notices  ;    he   shall   prepare 

17  general   regulations  prescribing    the  duties  of   the  different 

18  military  departments,    which,  when  approved   by  the  Com- 

19  mander-iu-cluef,  shall  be   obeyed   and   respected.     He  shall 

20  report  to  the  Legislature,    through  the  Commander-in-chief, 

21  the  strength  and  condition  of  the  militai-y  of  the  State,  of 

22  the  public  arms,  equipments,  ordnance,  books,  and  militar}'" 
2y  stores ;  and  he  shall  render  a  statement  of  all  that  may  be 

24  necessary  to  keep  up  an  ample  supply  of  every  article  that 

25  may  be  i-equlred  in  the  public  service ;    he  shall  execute  all 

26  orders  of  the  Commander-in-chief,  and  keep  a  record  there- 

27  of;    he   shall  attend  reviews  with  the   Commander-in-chief, 

28  and  as  quartermaster-general,  he  shall  give  a  bond  in  the  sum 

29  of  five  thousand  dollars  for  the  faithful  discharge  of  his  du- 
80  ties,  with  two  good  securities,  to  be  approved  by  the  com- 
31  mander-in-chief ;  he  shall  receive  a  salary  of  eighteen  hun- 
82  dred  dollars  per  annum,  in  full  payment  for  services  render- 

33  ed  as    adjutant  general,    acting  quartermaster-general,    in- 

34  spector-general,    and  keeper  of  public  stores  and  munitions 

35  of  war.     He  shall  attend  all  encampments,    and  while   the 

36  troops  are  under  arms,  he  shall  inspect  their  arms,  ammuni- 

37  tion  and  accoutrements,    superintend   the  exercises   and  en- 

38  force  the  discipline  and  tactics  required  by  law.     He  shall, 

39  in  time  of   war,    have  the  command  and  rank  of   brigadier- 

40  general ;    he  shall  cause  suit  to  be  brought  in  the  name  of 

41  the  State  of    North  Carolina,  and  he  is    hereby  empowered 

42  so  to  do  in  any  court  in  this  State,    or  before  any  justice  of 

43  the  peace,  when   the   amount  sued  for  is  within  the  jurisdic- 

44  tion  of  justice  of  the  peace  by  the  laws  of   this  State,  for 

45  any  penalty  incurred  or  any  fine  imposed  by  reason  of  the 


1861,]  Stated  Convention.  13 

46  military  laws  of  the  State.     He   shall  hold  his  ofiice  for  the 

47  space  of  two  years,  unless  the  same  is  made  vacant  by  res- 

48  ignation  or  promotion ;    and  should  the  office  become  vacant 

49  by  rea.son  of  death,  resignation,  refusal  to  accept,  or  othev- 

50  wise,  during  the  recess  of  the  I^egislature,    then  the  Gover- 

51  nor  may  fill  said  office  by  appointment   until  the  next  meet- 

52  ing  of  the  General  Assembly. 

Sec.  84.  Be  it  further  ordained,  That  it  shall  be  the  duty 

2  of  the  commandant  of  each  regiment,  within  thirty  days  af- 

3  ter  the  or<ianization  of  the  sam(.',  to  :issenil)le  them  upon  the 

4  regimental  muster  grouml  and  to  take  a  list  of  all  persons  in 

5  his  regiment  who   have  not  volunteered,  and  put  the  names 

6  into  a  box  upon  separate   pieces  of  paper,  and  to  place  an 

7  equal  number  of  papers  in  another  box,  one   third  marked 

8  Avith  the  number  one,  one  third  marked  with  the  number  two, 

9  and  one  tliird   witli  the  number   three,  and  two   persons  ap- 

10  pointed  to  the  said   duty,  shall,    in  the  presence  of  the  field 

11  officers,  after  being  SAvorn,  proceed  to  draw   out  of  the  box 

12  containing  the  names,  one  ballot,    and   out  of   the  box  con- 

13  taining  the  numbers,  one  ballot,  and  a  clerk  shall  record  the 

14  same.     Those  who  shall  draw  number  one,   shall  be  subject 

15  to  be  drafted  into  the  service  on  the  first  requisition  of  tlie 

16  Governor;    those  who  shall  draw  number  two,  shall  be  sub- 

17  ject  to  be  drafted    on  the  second  requisition  by  the  Gover- 

18  nor,    and  those  who  shall  draw  number  three,   shall  be  sub- 

19  ject  to  be  drafted  on  the  third  re2[uisition  of  the  Governor. 

20  And  it  shall  be  the  duty  of   the  commandant  of  each  regi- 

21  ment  to  forward  a  list  of  said  names,  drawn  as  aforesaid,  to 

22  the  adjutant  general  ;    Provided,  That  no  volunteer  shall  be 

23  subject  to  be  drafted  into  the  service. 

Skc.  35.  Be  it  further  ordained.  That  the  term  of  service 

2  for  each  person  so  drafted  shall   be  twelve  months,  unless 

3  sooner  discharged  by  the  order  of   the  commander-in-cbief, 

4  and  no  person    having  served  as  a  drafted  soldier  shall  be 

5  liable  to  a  second   term    of   service  until  all  the  requisitions 

6  have  been  called  into  the  service,  except  in  cases  of  insur- 


14  State  Convention.  [June, 

7  rection  or  invasion,  or  such  circumstances  of  imminent  peril 

8  as  in  the  discretion  of  the  Governor  may  render  a  general 

9  call  upon  the  militia  necessar3^ 

Sec.  36.  Be  it  further  ordained,  That  upon  any  call  upon 
2  the  drafted  militia,  it  shall  be  lawful  for  the  Governor  to 
8  command  any  of  the  company  officers,    not  volunteers,  to 

4  make  up  a  company  of  the  same  and  lead  tliem  into  the  ser- 

5  vice. 

Sec.  37.  Be  it  further  ordained,  That   upon  the  delivery 

2  of  arms  to  any  company  of   militia  or  volunteers,  it  shall  be 

3  the  duty  of  the  commandant  of   the  regiment  delivering  the 

4  same,  to  take  a  receipt  describing  the  arms,  from   said  cap- 

5  tain,  and  the  captain  shall  take  such  receipt   from  each  of 
0  the  men  receiving  arms,  all  of   which  receipts   shall  be  re- 

7  turned  to  the  clerk  of  the  county  court,  and  these  receipts 

8  thus  taken  and  filed  shall  relieve  the  said  commandant  and 

9  captain  from  responsibility ;   Provided,  That  it  shall  he  the 

10  duty   of  the   commandant  of  each  company  to  require  the 

11  arms  thus  delivered  to  the  men,  to  be  exhibited  at  each  drill. 

12  and    if   the    arms   are  not  so   exhibited,    or   the  said  com- 

13  mandant  shall  have  reason  to  believe  said  arms  to  be  lost  or 

14  disposed  of   unlawfully,   he  shall   at  once    make   the   same 

15  known    to   the    county  attorney,   who,    upon  notice  issued 

16  against  the  person  destroying  or  unlawfully  disposing  of  his 

17  arms,  shall  recover  a  judgment  for  the  full   value  of  said 
17  arms,  with  costs. 

Sec.  38.  Be  it  further  ordained,  That  it  shall  be  the  duty 

2  of  any  one  of  the  field  officers  of  any  regiment,  or  the  oldest 

3  captain,  should  there  be  no  held  ofiiccr,  upon  complaint  or 

4  oath  made  by  any  responsible  person,   that  tlicre  are  unlaw- 

5  ful  assemblies  within  his  command  or  dajiger  of  insubordina- 

6  tion  amongst  slaves,   to  detail  a  military  patrol,  designating 

7  their  duties  and  requiring  the  officer  commanding  said  patrol 

8  to  report  to  him  how  he   has  discharged  his  duty ;  and  the 

9  said  patrol  shall  deliver  all  persons  detected  in  the  violation 


1861.]         State  CoNVENTIo^^  15 

10  of  the  law,  to  the  civil  magistrate  for  the  examination  of  the 

11  charges  made  against  them. 

Sec.  39.  Be  it  further  ordained.,  That  this  act  shall  be  in 

2  force  from  and  after  its  ratification,  and  all  laws  coming  in 

3  conflict  with  the  provisions  of  this  act,  are  hereby  repealed. 


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